Income Tax (Trading and Other Income) Act 2005 Explanatory Notes

Overview

3149.This Part of the Act contains the rules that apply to partnerships.

3150.Section 1 of the Partnership Act 1890 defines partnership as “the relation which subsists between persons carrying on a business in common with a view of profit”. Section 4 of the Partnership Act 1890 explains that “firm” is the term used for the purposes of that Act for persons in partnership.

3151.The sections in this Act follow the Partnership Act 1890 and refer to the partners collectively as a “firm”. But the word “partnership” is commonly used as a synonym for “firm”. So the title of the Part and some of the titles of the sections use the word “partnerships”, again following the lead of the Partnership Act 1890.

3152.The rules in this Part of the Act determine each partner’s share of the income of the firm. That income share is then charged under the normal rules for the type of income concerned.

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